Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Lituanie

Observation transfrontalière (801)

1. MEASURE IMPLEMENTATION

Lituanie

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. BEFORE prie-trial investigation: Operational surveillance- a method of operational activity, when information is obtained secretly and the object is observed directly.DURING the prie-trial investigation: the prie-trial judge, upon the prosecutor's request, may order the observation of a person or a motor vehicle. In urgent cases, these actions may be conducted based on the prosecutor's or pre-trail inevistagator's decision. In such a case a pre-trail investigation judge's sanction for these actions must be received within 3 days. If such a sanction is not received, the observation must be terminated adn the data received immediaely destroyed.

2. LEGAL FRAMEWORK

Lituanie

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on MLA and its additional Protocols, EU 2000 Convetion on MLA.

3. COMPETENT AUTHORITY TO:

Lituanie

* receive the request/decision for judicial cooperation

Prosecutor General's Office and Regional Prosecutor's Offices, if MLA is provided following the EU 2000 Convention, the Ministry of Justice - if CoE 1959 Convention on MLA is applicable.

* execute/recognise the measure (if other than the receiving authority)

Pre-trial judge, prosecutor and in some cases prie-trial investigation officer.

4. ACCEPTED LANGUAGES

Lituanie

Accepted languages for the request/decision

Lithuanian or English under the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union. Under the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 requests and annexed documents shall be addressed to in Lithuanian or accompanied by a translation into one of the official languages of the Council of Europe (i.e. English or French).

5. EXECUTION DEADLINE

Lituanie

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Lituanie

a. Special requirements

The officers from abroad, who are conducting the investigation, are allowed to participate in observation, however, the consent (on allowing them to participate in the pre-trial investigation actions) of the Prosecutor General’s Office of the Republic of Lithuania should be obtained beforehand.

b. Other useful information

The classified information obtained in the course of operational activities, as well as that concerning a person’s personal and family life and information demeaning his honour and dignity, may not be transferred or divulged, with the exception of transfer in the presence of co-operating entities of operational activities and in the case provided in Article 17 of the Law on Operational Activity of the Republic of Lithuania (disclosure of information). Following the completion of the operational investigation and if the operational information with respect to the target of operational activities did not prove to be true, the information collected about the private life of the person, must be destroyed over a three-month period. The officer who authorised these activities must be informed of this one month prior to the destruction of the information collected through authorised activities.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

Guide pour une première visite
Si vous ne savez pas comment utiliser les fiches belges pour être aidé dans la demande d'entraide judiciaire, visitez cette page

  • ® 2020 EJN. Tous droits réservés.